State v. Graves

The issues here are whether an ordinary screwdriver is a burglar’s tool within the meaning of the first degree burglary statute and whether a part of the definition of burglar’s tools incorporated by reference into the first degree burglary statute is impermissibly vague.

Defendant was indicted for burglary in the first degree in violation of ORS 164.225(1)(a) which has the effect of increasing by 15 years the penalty for second degree burglary when a person commits second degree burglary and “in effecting entry or while in a building or in immediate flight therefrom he * * * [i]s armed with a…